5.  The applicant was born in 1944 and lives in Klagenfurt.
6.  At the time of the events he was the chairman of the Workers' Committee (Zentralbetriebsobmann) of the Carinthian regional hospitals (Landeskrankenanstalten). He was also a member of the Carinthian Regional Parliament (Landtag) and speaker on health matters (Gesundheitssprecher) of the Carinthian regional branch of the Social Democratic Party (SPÖ).
7.  In the context of a political debate concerning the reform of the regional health system, the Carinthian Regional Government (Landesregierung), in March 2001, commissioned Köck, Ebner and Partners and thereby their managerial director Mr Köck, to draft an expert opinion on the future development of the Carinthian regional hospitals. They were asked in particular to submit proposals as to the possible reduction of costs in this field. While the regional branch of the Austrian People's Party (ÖVP) and the Austrian Freedom Party (FPÖ) voted in favour of this decision, the SPÖ contested the appointment of Mr Köck.
8.  Before and after this event, the debate on a regional health reform received extensive media coverage in the regional newspapers. In interviews Mr Köck stated that in various medical fields many unnecessary surgical operations were carried out. Furthermore, the probability of dying in hospital as a result of medical negligence was comparatively high. He advocated cutting down superfluous services and closing smaller hospitals and hospital departments. These proposals were heavily criticised by the federal health speaker of the SPÖ.
9.  At the end of May 2001 Mr Köck co-founded the “hospital investment joint-stock company” (Krankenanstalten Beteiligungs-aktiengesellschaft - “KABAG”) whose purpose was to take over and run hospitals. In interviews with regional newspapers Mr Köck contended that his company would focus on hospitals run by municipalities, private establishments and hospitals of religious orders. He wished to show through this company that hospitals could be administrated from a patient-orientated perspective, run efficiently and be of top quality. Above all the potential of employees could be better used in a private company. He had worked for public hospitals long enough to know how much potential was not being used. He was not yet speculating about the takeover of a hospital in Carinthia as the subject of takeovers had not yet come up there.
10.   The federal speaker of the SPÖ objected that the founding of this company was incompatible with Mr Köck's function as expert for the Region of Carinthia because the latter function enabled Mr Köck to have access to all relevant data on regional hospitals. This was contested by Mr Köck and the chairman of the FPÖ parliamentary party.
11.  In its issue of 8 June 2001 the Kärnter Tageszeitung, a regional newspaper, published an article in which it cited the applicant saying:
“It is outrageous how the alleged hospital guru Köck wishes, on the one hand, to erase whole departments and hospitals from Carinthia, and, on the other hand, to use his newly founded hospital investment company to take over these hospitals in our Region”...
 ...“the Regional Governor Jörg Haider has already once erred enormously by [employing] an alleged technical 'wonder-wizard' who then ended up before the Public Prosecutor's Office”... Arbeiter warns of the “incomprehensible enthusiasm of the Freedom Party for an alleged health guru and 'closing-down preacher' “
”... “K smashes our good health system in order to take over hospitals with his company”.
12.  On an application by Mr Köck and Köck, Ebner and Partners, the Klagenfurt Regional Court (Landesgericht) issued an injunction on 30 September 2002 prohibiting the applicant from repeating and ordering him to retract the statements that Mr Köck would smash the Carinthian health system and intended to close whole departments and hospitals in order to take them over with his company. Furthermore, he was ordered to abstain from any allegations comparing or associating Mr Köck to an “alleged wonder-wizard” who had ended up before the Public Prosecutor's Office. It noted that the impugned statements were statements of fact which gave the impression that Mr Köck was totally unqualified and, furthermore, referred to his alleged criminal activity. In particular, the reproach that Mr Köck wished to take over hospitals after having smashed the health system in Carinthia suggested that he would enrich himself. However, Mr Köck had not taken any steps which would have justified the applicant's reproaches. In particular, Mr Köck had not taken any concrete measures to close hospitals, smash the health system or to take over hospitals with his company. The applicant's statements were therefore untrue and defamatory statements of facts in respect of which a civil offence under Article 1330 § 2 of the Civil Code was made out. Mr Köck's situation was not comparable to the situation of a politician or a private person who had entered the public scene and therefore had to display a greater degree of tolerance.
13.  On 2 April 2003 the Graz Court of Appeal (Oberlandesgericht) dismissed an appeal by the applicant. It noted that the fact that Mr Köck had proposed to close some hospitals and had founded a private investment company for hospitals did not constitute a sufficient basis for establishing that he would misuse his mandate to push private business dealings. The applicant had, furthermore, stressed the reproach of criminal conduct by drawing a comparison with a “wonder-wizard who had ended up before the Public Prosecutor's Office”. The court did not agree with the applicant's argument that the impugned statements had to be understood as permissible value judgments.
14.  On 10 July 2003 the Supreme Court (Oberster Gerichtshof) rejected an extraordinary appeal by the applicant. This decision was served on the applicant's counsel on 12 August 2003.